The Managing Director, Tamil Nadu State Transport Corporation Ltd. , Salem Division II, Bharathipuram, Salem Main Road, Dharmapuri v. S. Mohan
2007-08-29
P.P.S.JANARTHANA RAJA
body2007
DigiLaw.ai
Judgment :- This Civil Miscellaneous Appeal is filed by the Transport Corporation against the award made in MCOP No.1211 of 2003 dated 06.04.2006 on the file of Motor Vehicles Accident Claims Tribunal and Fast Track Court-4 at Tiruppur. 2. The background facts in a nutshell are as follows:- The claimant was injured in a road traffic accident on 23.06.2003 at about 03.00 hours in the Avinashi to Erode NH-47 Main Road, near RTO Office, Avinashi. The claimant was travelling in a bus bearing Registration No.TN-29-N-1353 from east to west in the Avinashi to Erode NH-47 Main Road. The bus was driven by its driver in a rash and negligent manner and it dashed against a lorry. Due to the collision, the respondent / claimant sustained fracture at both bones in the left leg, left knee, left foot and also injuries all over the body. The claimant filed a claim petition claiming a compensation of Rs.5,00,000/- before the Tribunal. On the side of the claimant, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P5 were marked. On the side of the appellant Transport Corporation, R.W.1 was examined and no documents were marked. After considering the materials and evidence on record, the Tribunal awarded a compensation of Rs.2,22,862/- with interest at 7.5% from the date of petition. Aggrieved by the same, the Transport Corporation has filed the present appeal. 3. Learned counsel appearing for the appellant submitted that there is no negligence on the part of the appellant Transport Corporation and the accident has occurred due to the negligence of the lorry driver. It is also submitted that the Tribunal is wrong in applying 18 multiplier for calculating the award. Hence the award of the Tribunal is without basis and justification. 4. Learned counsel appearing for the respondent submitted that the Tribunal has given a finding that the only the bus driver was responsible for the accident, which was due to rash and negligent driving of the bus and hence the compensation awarded by the Tribunal is reasonable, just and fair. It is also submitted that the Tribunal awarded the compensation on the basis of the materials and evidence available on record. Hence the order of the Tribunal is in accordance with law. 5. Heard the counsel. The Tribunal awarded a sum of Rs.2,22,862/- with 7.5% interest from the date of petition.
It is also submitted that the Tribunal awarded the compensation on the basis of the materials and evidence available on record. Hence the order of the Tribunal is in accordance with law. 5. Heard the counsel. The Tribunal awarded a sum of Rs.2,22,862/- with 7.5% interest from the date of petition. The details of the compensation awarded by the Tribunal are as under:- Rupees Towards loss of earning 1,67,832.00 Towards transport to hospital 250.00 Towards extra nourishment 1,000.00 Towards mental agony and pain and suffering 7,000.00 Towards medical bills 46,780.00 Total... 2,22,862.00 ================ On the side of the claimant, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P5 were marked. P.W.2 is the Doctor. Ex.P1 is the First Information Report. Ex.P2 is the wound certificate of the respondent. Ex.P3 is the discharge summary. Ex.P4 are the medical bills. Ex.P5 is the salary certificate of the respondent herein. The claimant was 28 years of age at the time of accident and he was working as a Turner in M/s. Premier Equipments, 139, Civil Aerodrome Road, Coimbatore. The employer has given a Salary Certificate mentioning that the claimant was earning Rs.3,950/-. Without analysing the same the Tribunal estimated and taken only Rs.2,100/- as monthly salary of the claimant. After examining the Wound Certificate, Ex.P2 and Discharge Summary, Ex.P3, the Tribunal assessed the permanent disability at 37%. On the basis of the monthly salary and also taking into consideration the permanent disability, the Tribunal adopted the following formula and awarded Rs.1,67,832/- towards loss of earning. 2100 x 12 x 18 x 37% = Rs.1,67,832/-. Learned counsel for the appellant vehemently contended that the Tribunal ought not to have adopted 18 multiplier for the purpose of determining loss of earning, when the permanent disability is fixed at only 37%. The correct multiplier that should be adopted in the present case is only 10. In this case, the Tribunal fixed the monthly salary of the claimant at Rs.2,100/-. The claimant has produced Salary Certificate from the employer which is Ex.P5. Hence there is evidence for the salary of Rs.3,950/-. Without considering the same, the Tribunal fixed only a sum of Rs.2,100/-as monthly salary of the claimant. Taking into consideration the facts and circumstances of the case and also the Salary Certificate, Ex.P.5, it would be reasonable to fix a sum of Rs.2,500/-as the monthly salary of the claimant.
Hence there is evidence for the salary of Rs.3,950/-. Without considering the same, the Tribunal fixed only a sum of Rs.2,100/-as monthly salary of the claimant. Taking into consideration the facts and circumstances of the case and also the Salary Certificate, Ex.P.5, it would be reasonable to fix a sum of Rs.2,500/-as the monthly salary of the claimant. Taking into consideration the age and disability, it would be appropriate to adopt 10 multiplier, as against 18 multiplier adopted by the Tribunal. The working of the loss of earning is calculated as under:- 2500 x 12 x 10 x 37% = Rs.1,11,000/- Hence, the loss of earning has been arrived at Rs.1,11,000/- as against Rs.1,67,832/- awarded by the Tribunal. In respect of transport, the Tribunal awarded only a meagre amount of Rs.250/-. It would be reasonable to award a sum of Rs.1,250/- under this head. For extra nourishment, the Tribunal awarded only Rs.1,000/-. It would be appropriate and reasonable to award Rs.4,000/-towards extra nourishment. Towards mental agony and pain and suffering, the Tribunal awarded Rs.7,000/-. Taking into consideration the nature of the injuries, it would be appropriate and reasonable to award a sum of Rs.12,000/- under this head. In respect of medical bills, the Tribunal awarded Rs.46,780/- on the basis of the medical bills submitted by the claimant, which is Ex.P4 and hence the same does not require interference. Thus, the award of the Tribunal is modified as under:- Rupees Towards loss of earning 1,11,000.00 Towards transport to hospital 1,250.00 Towards extra nourishment 4,000.00 Towards mental agony and pain and suffering 12,000.00 Towards medical bills 46,780.00 Total... 1,75,030.00 ================ Therefore, the claimant is entitled to the modified compensation of Rs.1,75,030/-as against Rs.2,22,862/- awarded by the Tribunal. The interest rate of 7.5% p.a. fixed by the Tribunal is reasonable and hence the same is confirmed. 6. The appellant Transport Corporation is directed to deposit an amount of Rs.1,75,030/- with 7.5% interest p.a. from the date of petition, less amount if any already deposited, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the entire amount. 7. The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, M.P.No.2 of 2007 is closed. No costs.